UK copyright review recommends reforms, not radical makeover

The Hargreaves review of the UK's copyright laws, commissioned
by Prime Minister David Cameron over concerns that the law has
become increasingly out of touch with modern consumer behaviour,
has been
published.

It suggests a number of tweaks to the existing laws, but doesn't
propose the dramatic overhaul that some had hoped for. Nonetheless,
it's managed the impressive feat of being welcomed by both sides of
the copyright chasm.

It recommends three particular changes. First is the
legalisation of format shifting for personal use -- for people to
rip CDs to their laptop, or copy DVDs to their portable media
player. No-one's been prosecuted for format shifting, but the
report says that some innovations have been stifled by the outdated
law, which technically makes it illegal to copy CDs to iPods, for
example.

Second, there's a recommendation of the creation of a "Digital
Copyright Exchange" to simplify the process of licensing -- making it easier to license so-called "orphaned
works", where the copyright holder can't be identified. Currently,
organisations like the BBC shy away from such content over fears
that its use could result in a future copyright claim. Hargreaves
recommends that a "senior figure" be appointed to oversee its
design.

In time, if the major music labels agree, it could also permit
for collective licensing for the web, in the same way that the radio is collectively licensed. However, questions have been
raised over whether a new licensing body is needed, when existing
bodies like the PPL and PRS for Music could have their remits
broadened. Judging by how the labels currently behave with their
rights, either scenario seems at least a few years away yet.

Finally, there's a recommendation that parody be made more
explicitly permissable within copyright law. Under the current
copyright regime, YouTube clips such as Newport
State of Mind have been taken down from YouTube following
claims by the major record labels.

Lacking in the report is any recommendation that a "safe
harbour" be created for ISPs and companies to protect them from
liability for copyright infringement committed by their customers.
Such a provision exists in the United States under the Digital
Millennium Copyright Act, and has enabled innovative web services like YouTube, which might otherwise
have been impossible to create.

Of course, there's no guarantee
that any of the proposals within the Hargreaves review will make it
into law. The 2006 Gowers review, commisioned by the then-Labour
government, was roundly ignored, and key intellectual property
aspects of the 2009 Digital Britian report were entirely absent
from the ensuing Digital Economy
Act.

Will Cameron do better than Blair
& Brown on that front? Only time will
tell.

Next: Viewpoints
from key industry figures...

Flickr / CC-licensed: Horia Varlan

Surprisingly, the review has been welcomed by both rights
holders and by those campaigning for laws to be liberalised.

Peter Bradwell from the Open Rights Group told
Wired.co.uk: "Professor Hargreaves has given us the
design manual to a 21st century copyright policy. He shows
that we can allow useful activities like new medical research
techniques or parodies and maintain flourishing creative
industries. This evidence-based blueprint should finally help
government balance copyright in the interest of creators, consumers
and innovators. It is vital they follow it."

The Pirate
Party UK added on its blog: "The party agrees with the review when it states that
'businesses too need change, in the form of more open, contestable
and effective global markets in digital content'. Like Professor
Hargreaves, we 'urge government to ensure that in future, policy on
Intellectual Property issues is constructed on the basis of
evidence, rather than weight of lobbying'."

Steve Purdham, boss of music streaming service We7 told Wired.co.uk:
"Anything that simplifies the licensing of copyright
material will benefit the digital industries, especially in terms
of innovation and growth, but it must equally protect the value of
that copyright (and I particularly welcome the idea of cross border
licensing). Modifying copyright laws so that it reflects the real
world again should be embraced. I like the common sense approach
that Hargreaves has suggested, especially realising that a
combination of education, markets and enforcement need to work
together.

7Digital's CEO Ben Drury added:
"7digital welcomes the conclusions of the Hargreaves
report and the liberalising of UK copyright law. In
particular, we welcome the recognition that "format
shifting" should be legal and bringing UK copyright law in line
with the rest of Europe will open up the market and promote
innovation. Having outdated laws is a hindrance to companies that
aim to develop new products and services for consumers of digital
music and content, which in turn slows the adoption of digital and
damages the music and content industries as a
whole."

On the other side of the fence, Christine Payne,
chair of the Creative
Coalition Campaign told Wired.co.uk: "We are
delighted that Professor Hargreaves has listened to the creative
sector and has rejected moves to change the fundamental principles
behind UK copyright law, which would have damaged investment in the
UK's creative industries."

Lavina Carey, director general of the British Video Association added:
"The BVA is delighted that Professor Hargreaves' review
has heard and understood the need for better enforcement, including
the implementation of the Digital Economy Act. Any new copyright
exceptions must not harm the future ability of the video
entertainment business to continue successfully to deliver the
content enjoyed by millions of viewers and sustain the tens of
thousands of jobs and production which it supports in the
UK."

UK Music posted on its website: "Clearly, copyright law is not confined by
national boundaries, and many of today's recommendations are also
the focus of European policy-makers. One of these is format
shifting, an area where the UK music industry has
willingly proposed solutions that would legitimise consumer
behaviour and benefit UK creators. "

Only the Motion
Picture Association seemed unhappy, saying:
"We welcome the assurances regarding better
enforcement at home and abroad and the measures to assist in rights
clearance where there is market failure but we are concerned about
a number of recommendations which will have an impact on the film
industry including proposals related to exceptions on copyright and
linking the Digital Copyright Exchange to
enforcement."